2024 Presidential Nominating Process: Frequently Asked Questions

2024 Presidential Nominating Process: Frequently Asked Questions

2024 Presidential Nominating Process:
July 9, 2024
Frequently Asked Questions
R. Sam Garrett
The presidential nominating process is one of the most complex aspects of American politics.
Specialist in American
This report provides brief answers to selected frequently asked questions about that process in
National Government
2024. In some cases, the topics addressed herein are developing rapidly and are subject to

change.

Both major parties select their presidential and vice-presidential nominees every four years
through an extended process that can involve caucuses, conventions, primary elections, or a combination thereof. Each party
establishes its own rules about how nominees are selected and how state parties may participate in that process, culminating
in the quadrennial national nominating conventions. These meetings are important occasions in the nation’s political life and
traditionally mark the end of the nomination phase of the presidential campaign season for their respective parties. For 2024,
the Democratic Convention is scheduled for August 19-22 in Chicago, IL. The Republican Convention is scheduled for July
15-18 in Milwaukee, WI.
Democrats and Republicans use different methods to select their delegates within states and to allocate their votes at the
national conventions. These include a combination of delegates who are pledged to particular candidates and selected at state
nominating events; as well as those who are automatic delegates by virtue of their party positions. Both parties may penalize
states that do not adhere to party rules surrounding delegate selection and allocation.
Both major parties award delegates based at least partially on a state’s previous support for the party’s presidential nominees.
For 2024, Democrats expected to allocate a total of 4,521 delegates, and Republicans expected to allocate a total of 2,429
delegates.
The presidential nominating process is a political one, not a governmental one. Political parties are private entities and are
generally free to set their own rules for how they select presidential and vice-presidential nominees. Federal or state election
laws set some boundaries, particularly those guaranteeing fundamental voting-rights protections (e.g., through the Voting
Rights Act). Federal campaign finance law also regulates all aspects of fundraising and spending affecting presidential
campaigns, including during the nomination phase.
Congress does not have formal institutional roles in the presidential nominating process, which is governed by political
parties. Congress typically does not legislate on the nomination process itself. Individual Members of Congress can and often
do choose to be actively involved, in their unofficial capacities, in presidential campaigns and to attend presidential
nominating conventions as delegates. Policy matters related to the nominating process could arise as part of the House and
Senate’s elections oversight or appropriations duties, such as through providing funding for convention security or
considering of federal election legislation.
This report provides general policy information about the nomination process. It does not provide detailed discussion of party
rules, which the parties alone interpret and enforce. Members of Congress or staff members who are participating in the
nominating process or serving as convention delegates often consult with their state or national party committees regarding
their individual roles and responsibilities, and interpretation of party rules.
This report will be updated in the event of substantial changes in the 2024 presidential nominating process.

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Contents
Introduction ..................................................................................................................................... 1
Scope of the Report ................................................................................................................... 2
Frequently Asked Questions ............................................................................................................ 3
Does Congress play a formal role in the nominating process? ................................................. 3
What roles might Members of Congress play at the national nominating conventions? .......... 3
What is the relationship between the nomination phase of the election and the general
election? ................................................................................................................................. 4
What are the different types of nominating methods? .............................................................. 4
What roles do federal or state elections laws, versus party rules, have in the
nominating process? ............................................................................................................... 5
Were there notable changes in the nominating calendar for 2024? ........................................... 6
What is the purpose of the national party conventions? ............................................................ 6
When and where is the 2024 Democratic National Convention? ............................................. 6
When and where is the 2024 Republican National Convention? .............................................. 6
How are national convention delegates selected and allocated? ............................................... 7
Democrats ........................................................................................................................... 7
Republicans ......................................................................................................................... 8
Do U.S. territories receive convention delegates? .................................................................. 10
How do national party rules address whether delegates are bound to support specific
candidates at the national conventions? ............................................................................... 10
Democrats ......................................................................................................................... 10
Republicans ........................................................................................................................ 11
What is the significance of the reported virtual nominating event before the 2024
Democratic National Convention? ........................................................................................ 11
How are the conventions financed? ......................................................................................... 11
Does the federal government finance convention security? .................................................... 12
What is a contested convention? ............................................................................................. 12
When were the most recent contested conventions? ............................................................... 12
What if a nominee vacancy arises after the convention concludes? ....................................... 13
Democrats ......................................................................................................................... 13
Republicans ....................................................................................................................... 13
Other Potential Considerations Applying to Both Parties ................................................. 13

Contacts
Author Information ........................................................................................................................ 14

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2024 Presidential Nominating Process: Frequently Asked Questions

Introduction
The presidential nominating process is one of the most complex aspects of American politics. It
has varied substantially throughout U.S. political history and is the product of national and state
party rules, federal and state election laws, political culture, and the changing nature of
campaigns and elections themselves.1 Entire scholarly volumes provide overviews of the
presidential nominating process.2 Political professionals develop careers devoted to the
nominating process, and nominating convention fights have been some of the most dramatic
events in American political history.3 This report focuses on a small portion of that complexity.
The report is designed to provide brief answers to selected frequently asked questions about the
2024 presidential nominating process. The report addresses nomination procedures for the
national Democratic and Republican parties. It does not discuss independent or third-party
candidacies. In some cases, the topics addressed herein are developing rapidly and are subject to
change. In addition, the practical details of some topics are known only to the politicians, party
officials, and small cadre of political professionals who specialize in the nominating process.
Both major parties select their presidential and vice-presidential nominees every four years
through an extended process that includes caucuses or conventions that can begin at the precinct
level, through state-administered primary elections that are based on party rules, or a combination
thereof. Each party establishes its own rules about how nominees are selected and how state
parties may participate in that process, culminating in the quadrennial national nominating
conventions.
Both parties may penalize states (e.g., by reducing or refusing to recognize their delegations) that
the national committees, conventions, or both determine deviate from their delegate selection
plans or party rules.4 Both parties have established detailed procedures, which are beyond the

1 CRS Research Assistant Tyler Wolanin provided research assistance for this report. For historical discussion of some
of the topics discussed herein, see CRS Report R42139, Contemporary Developments in Presidential Elections, by
Kevin J. Coleman, R. Sam Garrett, and Thomas H. Neale; and CRS Report R42533, The Presidential Nominating
Process and the National Party Conventions, 2016: Frequently Asked Questions, by R. Sam Garrett, originally
authored by Kevin J. Coleman. Kevin J. Coleman and Thomas H. Neale are former CRS analysts. R. Sam Garrett is
available to congressional offices to answer questions about CRS reports on these topics.
2 See, for example, Elaine C. Kamarck, Primary Politics: Everything You Need to Know about How America
Nominates Its Presidential Candidates, 4th ed. (Washington: Brookings Institution Press, 2023); Candice J. Nelson,
Grant Park: The Democratization of Presidential Elections, 1968-2008 (Washington: Brookings Institution Press,
2011); and Byron E. Shafer, Bifurcated Politics: Evolution and Reform in the National Party Convention (New York:
Cambridge University Press, 1988).
3 See, for example, Jon Ward, Camelot’s End: Kennedy vs. Carter and the Fight that Broke the Democratic Party (New
York: Twelve, 2019), pp. 253-273; and Adam Wren, “‘It Was Riotous’: An Oral History of the GOP’s Last Open
Convention,” Politico Magazine, April 2016, https://www.politico.com/magazine/story/2016/04/1976-convention-oral-
history-213793/.
4 For example, the Democratic Rules and Bylaws Committee (RBC) reportedly restored New Hampshire’s convention
delegation after the state party submitted an updated Delegate Selection Plan following a January 23, 2024, primary
that the national party did not recognize. See, for example, Will Weissert and Leah Askarinam, “The DNC Restores
New Hampshire’s Delegates After a Second Nominating Event Unknown to Many Democrats,” Associated Press, April
30, 2024, https://apnews.com/article/dnc-new-hampshire-primary-ending-primary-fued-
ca4ac2af23098f6f43aeb11bc27d0d59. In addition, the Republican Committee on Contests reportedly rejected
Missouri’s initial national-convention delegates after the contest committee found irregularities in the credentialing
process at the state convention. See, for example, Rudi Keller, “Missouri Presidential Delegates Rejected by
Republican National Convention Committee,” Missouri Independent, July 2, 2024, https://missouriindependent.com/
2024/07/02/missouri-presidential-delegates-rejected-by-republican-national-convention-committee/.
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scope of this report, for challenges related to delegate selection, credentials, and rules
enforcement.5
Modern conventions typically have been carefully orchestrated events.6 The identity of the
eventual nominee has not been in serious doubt at the start of a major party convention in
decades. Contested conventions—used in this report to indicate more than one ballot required to
select a nominee—have not occurred since 1952 for Democrats and 1948 for Republicans. Parties
and campaigns try to avoid major unexpected developments, including disputes about convention
decisions or functioning. If disputes do arise, resolution depends on the circumstances and on
relevant party rules.
Scope of the Report
Political parties are responsible for administering their own nominating processes and interpreting
their own rules. This report serves as a resource for Members of Congress and staff members
exercising their legislative, oversight, and appropriations duties. Members of Congress or staff
members who are participating in the nominating process or serving as convention delegates
often consult with their state or national party committees regarding their individual roles and
responsibilities, and interpretation of party rules.
Parts of the report highlight aspects of party rules, regulations, and documents known as calls of
the convention.7 The report is not intended to authoritatively interpret those documents, or to
address individual compliance scenarios for political committees, convention delegates, or voters.
Parties or conventions also could amend or interpret their rules and processes in ways not
documented in this report. The report does not provide legal analysis.
This report uses the term state parties to include state, territorial, or District of Columbia (DC)
Democratic and Republican parties. In some cases, national party rules distinguish between states
and other jurisdictions in ways that are generally beyond the scope of this report. In addition, any
relevant state-level requirements, including state party rules, are beyond the scope of this report.

5 See, for example, Appendix A in Democratic Party of the United States, Call for the 2024 Democratic National
Convention, September 10, 2022, https://democrats.org/wp-content/uploads/2023/03/2024-Call-for-Convention.pdf
(hereinafter “Democratic Party, Call for the 2024 Democratic National Convention”); and Rules 17 and 23 in
Republican National Convention (2020), The Rules of the Republican Party, August 24, 2020, amended by the
Republican National Committee (RNC), April 14, 2022, https://prod-static.gop.com/media/
Rules_Of_The_Republican_Party.pdf, pp. 26-28 and 32-34; see also pp. 38-39 (hereinafter “RNC, The Rules of the
Republican Party.”)
6 See, for example, Costas Panagopoulos, ed., Rewiring Politics: Presidential Nominating Conventions in the Media
Age (Baton Rouge, LA: Louisiana State University Press, 2007).
7 In some cases, party rules or regulations discussed in this report appear in multiple party documents. For example, a
provision that appears in a call of the convention might also appear in, or have origins in, party rules. This report cites
the document used to prepare the report. It does not speculate on the potential relationship between various party
documents or on the origin of provisions that appear in multiple documents. For the Democratic Call, see Democratic
Party, Call for the 2024 Democratic National Convention, https://democrats.org/wp-content/uploads/2023/03/2024-
Call-for-Convention.pdf. For the Republican Call, see Republican National Committee, Call of the 2024 Republican
National Convention, November 20, 2023, https://prod-static.gop.com/media/documents/
2024_Call_of_the_Convention_as_adopted_11.20.23_1700517775.pdf?_gl=
1*1m9lnpa*_gcl_au*NDQ4NDkzNjM4LjE3MDU1MjMxNjE (hereinafter “RNC, Call of the 2024 Republican
National Convention”).
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Frequently Asked Questions
Does Congress play a formal role in the nominating process?
The House and Senate do not have formal institutional roles in the presidential nominating
process, which is governed by political parties. Individual Members of Congress can and often do
choose to be actively involved in presidential campaigns in their unofficial capacities, either as
candidates themselves or as advocates for another candidate. In addition, Members of Congress
often attend the national nominating conventions and serve as delegates.
Congress does not typically legislate on how parties select their nominees. However, policy
matters related to the nominating process could arise as part of the House and Senate’s elections
oversight or appropriations duties.8 As discussed elsewhere in this report, for example, Congress
has appropriated funds for convention security.9
What roles might Members of Congress play at the national
nominating conventions?
Nominating conventions are discussed in more detail later in this report. Some Members of
Congress attend and participate in conventions, but the events are not official governmental or
congressional functions.10 Both parties award what are called automatic delegates, who could
include Members of Congress—and always do for Democrats.
• Democratic Representatives and Senators participate in conventions as what are
called party leader and elected official (PLEO) delegates, commonly known as
superdelegates. These include the party’s Members of Congress, President, Vice
President, Governors, Democratic National Committee (DNC) members, and
certain former elected officials, such as Presidents and Vice Presidents and
members of congressional leadership. They are not pledged to particular
candidates, although these delegates might choose to support a particular
candidate.
• Republican Members of Congress could run as pledged delegates from their state
parties to the national Republican convention. Republicans do not have a position
akin to Democratic superdelegates (PLEOs). Republican National Committee
(RNC) members serve as automatic delegates to the national convention.11

8 The Committee on House Administration and the Senate Committee on Rules and Administration have primary
jurisdiction on matters related to federal campaign finance and elections policy. The Judiciary Committees in the House
and Senate have primary jurisdiction over voting rights issues. The Ethics Committees in each chamber also provide
guidance on Member and staff political activities, potentially including during the nomination process.
9 See the “Does the federal government finance convention security?” section of this report for additional discussion.
10 As another CRS product discusses, conventions are designated as National Special Security Events (NSSEs), which
entails security-support roles for federal agencies. See CRS In Focus IF11555, Presidential Candidate and Nominating
Convention Security, by Shawn Reese. See also CRS Report R47439, Special Event Security and National Special
Security Events: A Summary and Issues for Congressional Consideration, by Shawn Reese.
11 It is possible that a Republican Member of Congress could serve as an automatic delegate if that person also
represented a state as a member of the RNC.
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What is the relationship between the nomination phase of the
election and the general election?
The nomination period and the general-election period mark two different phases of the election
cycle.12 Multiple candidates typically run for nomination during party caucuses, primary
elections, or conventions (discussed below), whereas one major presidential candidate per party
runs for the general election. Political parties rely on nominating events to select their party’s
candidate, or nominee, for the general election. The general election culminates on election day—
November 5 in 2024—when voters nationwide cast their ballots for presidential electors.13
Another CRS product provides a brief overview of the electoral college process used to select
presidential electors.14
What are the different types of nominating methods?
Party rules, in some cases codified in state law, specify how those parties nominate presidential
candidates. As discussed later in this report, national party rules can substantially affect state
party rules.
Parties generally nominate presidential candidates through a combination of caucuses,
conventions, and primary elections. These methods are not necessarily mutually exclusive.
• Caucuses, most notably those in Iowa, involve gathering voters in centralized
locations to debate for and choose delegates who are expected to support their
preferred candidates at subsequent levels of party caucuses or conventions (e.g.,
county or state). Selection at caucuses may occur through debate and convening
of like-minded candidate groups, rather than by secret ballot.
• Conventions at the state level operate similarly to the national meetings discussed
elsewhere in this report. Delegates meet at conventions to debate policy
platforms and options for nominees.
• Primaries—in which voters cast ballots for their preferred candidate as they
would in a typical election (e.g., at a polling place or by mail)—are especially
common. State election officials administer primaries as they would other
elections, albeit generally using party rules. There are multiple primary systems
across the states, territories, and DC.15 The two most common primary types are

12 This report refers to the primary election as the period before nomination and to the general election as the period
after nomination. Formal definitions of primary versus general election periods can be particularly relevant for
compliance with campaign finance law, and with presidential public financing (where applicable) requirements in tax
law that intersect with campaign finance law. On election and election cycle definitions, see 52 U.S.C. §30101(1); 52
U.S.C. §30101(25); and 26 U.S.C. §9002(10). Campaign finance is generally beyond the scope of this report. For
additional discussion, see CRS Report R41542, The State of Campaign Finance Policy: Recent Developments and
Issues for Congress, by R. Sam Garrett; and CRS Report R45320, Campaign Finance Law: An Analysis of Key Issues,
Recent Developments, and Constitutional Considerations for Legislation, by L. Paige Whitaker. Unofficially, such as
in media accounts, distinctions between the primary and the general are often political assessments.
13 The date on which individual voters cast their ballots varies. Some jurisdictions permit early voting. In addition,
deadlines for returning mail ballots vary by jurisdiction, as do deadlines for receiving absentee ballots from overseas
citizens. For overviews of these topics, see CRS In Focus IF11477, Early Voting and Mail Voting: Overview & Issues
for Congress, by Sarah J. Eckman and Karen L. Shanton; and CRS In Focus IF11642, Absentee Voting for Uniformed
Services and Overseas Citizens: Roles and Process, In Brief, by R. Sam Garrett.
14 CRS In Focus IF12682, Electoral College Overview, by R. Sam Garrett.
15 See, for example, “State Primary Election Types,” National Conference of State Legislatures, updated February 6,
(continued...)
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known as closed and open. As their names suggest, voters in closed primaries
must be registered with the party to participate. By contrast, voters affiliated with
any party or no party generally may participate in open primaries. Variations also
exist between the open and closed ends of the primary spectrum. Some states, for
example, permit unaffiliated voters to participate in a party primary, but do not
permit voters affiliated with an opposing party to participate.
What roles do federal or state elections laws, versus party rules,
have in the nominating process?
Parties govern the nominating process. Furthermore, parties are private entities, not governmental
ones. Parties may establish their own criteria for participation in nominating events—such as
requiring affiliation with the party to vote in a primary, as several state parties do. In some cases,
these or other provisions are codified in state election laws. State parties, election laws, or both
also often specify different processes and requirements for presidential nominations versus those
for congressional or other offices.16
Party rules generally play a larger role in nominating processes than do federal or state election
laws.17 There are notable exceptions. For example, Section 2 of the federal Voting Rights Act
(VRA) prohibits voter discrimination, including in nominating processes, based on race, color, or
minority language status.18 In addition, contribution limits and other campaign finance provisions
in the Federal Election Campaign Act (FECA) regulate all aspects of fundraising and spending
during federal nominating contests and general elections.19 Other federal election statutes, such as
the Help America Vote Act (HAVA) and the National Voter Registration Act (NVRA) establish
state responsibilities for aspects of voter registration and election administration.20 Such
provisions may affect voter eligibility for or participation in primary elections, but they do not
regulate the nominating process per se.

2024, https://www.ncsl.org/elections-and-campaigns/state-primary-election-types; and “How States Differentiate
Presidential Primaries from State Primaries,” National Conference of State Legislatures, updated August 8, 2023,
https://www.ncsl.org/elections-and-campaigns/how-states-differentiate-presidential-primaries-from-state-primaries.
16 See, for example, National Conference of State Legislatures, How States Differentiate Presidential Primaries from
State Primaries, updated August 8, 2023, https://www.ncsl.org/elections-and-campaigns/how-states-differentiate-
presidential-primaries-from-state-primaries.
17 As noted previously, legal analysis is beyond the scope of this report. As the CRS Constitution Annotated explains,
“The right of association generally protects a political party’s decisions about its internal structure and processes for
choosing candidates for national office.” For additional discussion, see CRS Constitution Annotated, “Amdt1.8.2.2,
Election Laws,” https://constitution.congress.gov/browse/essay/amdt1-8-2-2/ALDE_00013141/. On recent legal issues
related to ballot access for presidential candidates, see CRS Legal Sidebar LSB11096, Disqualification of a Candidate
for the Presidency, Part II: Examining Section 3 of the Fourteenth Amendment as It Applies to Ballot Access, by L.
Paige Whitaker, Jennifer K. Elsea, and Juria L. Jones.
18 See CRS Report R47520, The Voting Rights Act: Historical Development and Policy Background, by R. Sam
Garrett; and CRS Legal Sidebar LSB10624, Voting Rights Act: Supreme Court Provides “Guideposts” for Determining
Violations of Section 2 in Brnovich v. DNC, by L. Paige Whitaker.
19 On contribution limits, see Table 1 in CRS Report R41542, The State of Campaign Finance Policy: Recent
Developments and Issues for Congress, by R. Sam Garrett.
20 See, for example, CRS Report R46949, The Help America Vote Act of 2002 (HAVA): Overview and Ongoing Role in
Election Administration Policy, by Karen L. Shanton; and CRS Report R45030, Federal Role in Voter Registration:
The National Voter Registration Act of 1993 (NVRA) and Subsequent Developments, by Sarah J. Eckman, respectively.
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Were there notable changes in the nominating calendar for 2024?
Democrats significantly altered their nomination calendar compared with some previous years.21
Perhaps most notably, Democrats chose not to begin their nominating season with the Iowa
caucuses and New Hampshire primary, as the party had since the 1970s. Aspects of these changes
were controversial and are generally beyond the scope of this report. In brief, the calendar
changes followed protracted debate within the party about whether Iowa and New Hampshire
adequately represented national demographics and produced the most nationally competitive
candidates. The DNC Rules and Bylaws Committee (RBC) began reconsidering the nominating
calendar in 2021, and solicited proposals from multiple states to begin the 2024 nominating
season. Ultimately, the DNC sanctioned the first primary in South Carolina on February 3, with
Nevada and Michigan following later in the month.22
Republicans did not significantly alter their nominating calendar in 2024 compared with other
recent election cycles.
What is the purpose of the national party conventions?
Both major parties rely on quadrennial meetings to adopt platforms, set party rules, and, most
importantly, select presidential and vice-presidential nominees. These events are important
occasions in the nation’s political life and traditionally mark the beginning of the general election
season.
Both major parties establish separate committees to manage their convention operations.
Typically, the Democratic body is called the Democratic National Convention Committee. The
Republican counterpart is called the Committee on Arrangements for the Republican National
Convention.
When and where is the 2024 Democratic National Convention?
The Democratic Convention is scheduled for August 19-22 in Chicago, IL.
When and where is the 2024 Republican National Convention?
The Republican Convention is scheduled for July 15-18 in Milwaukee, WI.

21 Recent Democratic changes in the party’s presidential nomination process were rooted in controversy over aspects of
the 2016 process. A party Unity Reform Commission made several recommendations concerning the roles of
superdelegates and the primary calendar, among other factors, much of which subsequent party rules incorporated. See
Unity Reform Commission, Report of the Unity Reform Commission, adopted December 8-9, 2017,
https://democrats.org/wp-content/uploads/2018/10/URC_Report_FINAL.pdf.
22 For a brief overview, see Elaine C. Kamarck, “Primaries: The Key to Understanding Party Factions,” in Campaigns
and Elections American Style: The Changing Landscape of Political Campaigns, ed. Candice J. Nelson, James A.
Thurber, and David A. Dulio, 6th ed. (New York: Routledge, 2024), pp. 231-235. The RBC reportedly restored New
Hampshire’s convention delegation after the state party submitted an updated Delegate Selection Plan following a
January 23 primary that the national party did not recognize. See, for example, Will Weissert and Leah Askarinam,
“The DNC Restores New Hampshire’s Delegates After a Second Nominating Event Unknown to Many Democrats,”
Associated Press, April 30, 2024, https://apnews.com/article/dnc-new-hampshire-primary-ending-primary-fued-
ca4ac2af23098f6f43aeb11bc27d0d59. For a chronological list of presidential nominating events (which do not
necessarily reflect developments such as those noted above), see “2024 Presidential and Congressional Primary Dates
in Chronological Order,” Federal Election Commission, data as of April 25, 2024, https://www.fec.gov/resources/cms-
content/documents/2024pdates.pdf, pp. 4-5.
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How are national convention delegates selected and allocated?
Democrats and Republicans use different methods to select their delegates within states and to
allocate their votes at the national conventions. To become the presidential or vice-presidential
nominee at the convention, a candidate is required to win a majority of delegate votes. In general,
both parties rely on two kinds of delegates: those who are pledged to particular candidates and
selected at state nominating events; and those who are automatic delegates by virtue of their party
positions. Each party’s terminology varies.
The Democratic rules are generally more complicated than the Republican ones. Both parties may
penalize states (e.g., by reducing or refusing to recognize their delegations) that the national
committees, conventions, or both determine deviate from their delegate selection plans or party
rules.23 In addition, both parties have established detailed procedures, which are beyond the scope
of this report, for challenges related to delegate selection, credentials, and rules enforcement.24
Highlights of the delegate-selection processes appear below.25
Democrats
• Democrats rely on a combination of two types of national convention delegates:
(1) those who are pledged to support particular candidates by virtue of their
selection through state delegate-selection processes; and (2) party leader and
elected official (PLEO) delegates that are allocated automatically, commonly
called superdelegates. The latter hold their positions by virtue of their party- or
elected-official status. PLEOs include the party’s Members of Congress,
President, Vice President, Governors, DNC members, and certain former elected
officials, such as Presidents and Vice Presidents and members of congressional
leadership. Although they are free agents in that they are not pledged to particular
candidates, superdelegates often declare support for a particular candidate.
• In 2024, only pledged delegates vote in the first round of the presidential roll call,
unless the party secretary confirms that a candidate has obtained a majority of
pledged delegates.26

23 For example, as noted previously, the Democratic RBC reportedly restored New Hampshire’s convention delegation
after the state party submitted an updated Delegate Selection Plan following a January 23 primary that the national
party did not recognize. See, for example, Will Weissert and Leah Askarinam, “The DNC Restores New Hampshire’s
Delegates After a Second Nominating Event Unknown to Many Democrats,” Associated Press, April 30, 2024,
https://apnews.com/article/dnc-new-hampshire-primary-ending-primary-fued-ca4ac2af23098f6f43aeb11bc27d0d59. In
addition, the Republican Committee on Contests reportedly rejected Missouri’s initial national-convention delegates
after the contest committee found irregularities in the credentialing process at the state convention. See, for example,
Rudi Keller, “Missouri Presidential Delegates Rejected by Republican National Convention Committee,” Missouri
Independent, July 2, 2024, https://missouriindependent.com/2024/07/02/missouri-presidential-delegates-rejected-by-
republican-national-convention-committee/.
24 See, for example, Appendix A in Democratic Party, Call for the 2024 Democratic National Convention; and Rules
17 and 23 in RNC, The Rules of the Republican Party, pp. 26-28 and 32-34; see also pp. 38-39.
25 As noted previously, this report does not address state-party processes in detail. For overviews for Democrats, see,
for example, “2024 Democratic Delegate Allocation and Selection by State,” Frontloading HQ,
http://www.frontloadinghq.com/p/2024-democratic-delegate-allocation-and.html; and “Democratic Delegate Rules,
2024,” Ballotpedia, https://ballotpedia.org/Democratic_delegate_rules,_2024. For Republicans, see, for example,
Frontloading HQ, “2024 Republican Delegate Allocation Rules by State, State-by-state breakdown,”
https://www.frontloadinghq.com/p/2024-republican-delegate-allocation.html; and Ballotpedia, “Republican Delegate
Rules, 2024, https://ballotpedia.org/Republican_delegate_rules,_2024.
26 See Art. IX.C.7.b in Democratic Party, Call for the 2024 Democratic National Convention, pp. 16-17.
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• For 2024, Democrats expected to allocate a total of 4,521 delegates. Of that total,
3,770 (approximately 83.5%) represented pledged delegate votes; 749
(approximately 16.5%) represented automatic (PLEO or superdelegate) votes.27
• For 2024, Democrats will allocate pledged delegates based on a formula
specified in the Call of the Convention.28 That formula divides delegates among
the 50 states and DC to account for the jurisdiction’s support for the Democratic
candidate in the previous three election cycles. Past support for Democratic
candidates thus gives states and DC additional strength in a variable known as
the allocation factor used to award delegates.29 Delegate allocation also may be
adjusted based on the timing of nominating events and geography, among other
factors.30
• Detailed Delegate Selection Rules documents govern how individual state parties
may select their pledged national-convention delegates.31 The DNC Rules and
Bylaws Committee (RBC) may consider, require changes to, and approve
Delegate Selection Plans.32
• Democratic rules require consideration of demographics in delegate allocation.
For example, Democratic Delegate Selection Rule 6(C) requires state plans to
“provide for equal division between delegate men and delegate women.”33 In
addition, state parties must include an Affirmative Action Plan and an Outreach
and Inclusion Program in their Delegate Selection Plans.34
Republicans
• Republicans also rely on two types of national convention delegates, but the
model is different than the Democratic method: (1) most Republican delegates
are chosen through state selection events (e.g., caucuses, conventions, or
primaries) and are generally pledged to particular candidates; and (2) RNC
members serve as automatic delegates.35
• Republicans do not have a position akin to Democratic PLEOs (superdelegates).
The automatic RNC delegates represent a far smaller share of total delegates at

27 See Appendix B in Democratic Party, Call for the 2024 Democratic National Convention. CRS calculated the
percentages based on the totals in the cited source.
28 On allocations for specific jurisdictions, see Appendix B in Democratic Party, Call for the 2024 Democratic National
Convention.
29 The base allocation is 3,200 delegates, which is multiplied by the allocation factor. The 2024 Democratic allocation
factor formula, is as follows:
A = ½[(SDV2012+SDV2016+SDV2020)/(TDV2012+TDV2016+TDV2020)]+(SEV/538), where A = allocation factor; SDV = state
Democratic vote; SEV = state electoral vote; and TDV= total Democratic vote. CRS reformatted the formula from
Democratic Party, Call for the 2024 Democratic National Convention, p. 1.
30 See Art. I in Democratic Party, Call for the 2024 Democratic National Convention, pp. 1-3.
31 See Democratic National Committee (DNC), Delegate Selection Rules for the 2024 Democratic National
Convention, September 10, 2023, https://democrats.org/wp-content/uploads/2023/03/2024-Delegate-Selection-
Rules.pdf (hereinafter “DNC, Delegate Selection Rules for the 2024 Democratic National Convention”).
32 In general, see Rule 1 in DNC, Delegate Selection Rules for the 2024 Democratic National Convention, pp. 1-2.
33 DNC, Delegate Selection Rules for the 2024 Democratic National Convention, Rule 6, pp. 7-8.
34 DNC, Delegate Selection Rules for the 2024 Democratic National Convention, Rules 6-7, pp. 7-10.
35 See, for example, “2024 Republican Delegate Allocation Rules by State, State-by-state breakdown,” Frontloading
HQ, https://www.frontloadinghq.com/p/2024-republican-delegate-allocation.html; and “Republican Delegate Rules,
2024, Pledged vs. unpledged delegates,” Ballotpedia, https://ballotpedia.org/Republican_delegate_rules,_2024.
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the Republican convention than do Democratic superdelegates at the latter’s
national convention. Republican automatic delegates are not necessarily free
agents in the same way as Democratic superdelegates.36
• For 2024, Republicans expected to allocate a total of 2,429 delegates. Of that
total, 2,261 (approximately 93.1%) represented delegates selected at state events;
168 (approximately 6.9%) represented automatic votes from RNC members.37
• For 2024, Republicans allocate state-selected delegates based on criteria
established in the Call of the Convention. (Most of these delegates are selected
based on support for particular candidates, but some state parties permit
“unallocated” delegates.)
• In brief, Rule 14 in the Call provides a base allocation of 10 delegates from each
of the 50 states, plus the automatic RNC delegates (the national committeeman,
the national committeewoman, and the state party chairperson), and three district
delegates for each U.S. House district. Separate allocations apply to U.S.
territories and DC.38
• In addition, somewhat similar to Democratic procedures, Republican allocation
criteria provide more delegates for states that have previously supported
Republican candidates. However, the Republican allocation method is different
than the allocation factor used by Democrats.39 Under Rule 14 for Republicans,
those states in which a majority of voters supported the party’s presidential
candidate in the previous election receive four and one-half at-large delegates
“plus a number of the delegates at large equal to sixty percent (60%) of the
number of electoral votes of that state.”40 Additional delegates are awarded for
states that have demonstrated other electoral support for Republican candidates,
such as by electing Governors, U.S. Senators, majorities in a state’s U.S. House
delegation, or majorities in the state legislature.41
• Republicans do not appear to use a formal process for approving state delegate-
selection plans akin to the RBC review process that Democrats use. However,
Rule 16 of the Republican Call of the Convention specifies various criteria
required of state parties when selecting delegates. In addition, Republican rules
establish a Standing Committee on Contests to adjudicate challenges to delegate
selection.42 Delegate allocation may be adjusted based on the timing of
nominating events and geography, among other factors.43
• Party rules also require a nominee to obtain a minimum level of geographic
support. Under Rule 40(b)(2) of the Call, “[b]eginning with the 2020 national
convention and for each convention thereafter, each candidate for nomination for
President of the United States and Vice President of the United States shall

36 Additionally, Republican Party rules permit the RNC to declare vacant the seat of an automatic delegate who does
not support the party nominee. See RNC, The Rules of the Republican Party, Rule 4(b), p. 2.
37 See pp. 41-52 in RNC, Call of the 2024 Republican National Convention. CRS calculated the percentages based on
the totals in the cited source.
38 RNC, Call of the 2024 Republican National Convention, Rule 14, pp. 3-6.
39 On allocations for specific jurisdictions, see pp. 41-52 in RNC, Call of the 2024 Republican National Convention.
40 RNC, Call of the 2024 Republican National Convention, Rule 14(a)(5), p. 4.
41 RNC, Call of the 2024 Republican National Convention, Rule 14(a)(6)-(a)(8), pp. 4-6.
42 RNC, The Rules of the Republican Party, see especially Rules 23 and 24, pp. 31-33.
43 See, for example, RNC, Call of the 2024 Republican National Convention, Rule 16; pp. 8-15; see also pp. 38-39.
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demonstrate the support of a plurality of the delegates from each of five (5) or
more states, severally, prior to the presentation of the name of that candidate for
nomination.”44
• The Republican Call of the Convention specifies that states “shall endeavor to
have equal representation of men and women in its delegation to the Republican
National Convention.”45
Do U.S. territories receive convention delegates?
Yes. Although voters registered in U.S. territories do not participate in the general election
through the electoral college, both major parties provide fixed numbers of delegates to the
territories.46
How do national party rules address whether delegates are bound
to support specific candidates at the national conventions?
For both parties, convention delegates who hold their positions because they were selected at
state nominating events are typically expected to support the candidate who they pledged to
support at the nominating event. Democratic superdelegates do not necessarily pledge to support
particular candidates, although they often do support a particular candidate. Candidates who do
not expect to have a sufficient majority to win the nomination, or who otherwise choose to do so,
may release their pledged delegates. The released delegates could then support another candidate.
Importantly, the nature and extent of binding obligations in specific scenarios would depend on
individual circumstances and interpretation of party rules, which are beyond the scope of this
report. In addition, any relevant state-level requirements also are beyond the scope of this report.
Highlights for each major party’s national rules appear below.
Democrats
For Democrats, Article IX of the 2024 Call of the Convention concerns convention procedural
rules. Portions of the article might be relevant for the issue of binding.
• Article IX.F.3.d requires that “[a]ll delegates to the National Convention pledged
to a presidential candidate shall in all good conscience reflect the sentiments of
those who elected them.”47
In addition, Democratic Delegate Selection Rule 13(D) permits candidates to approve of the
people who wish to serve as pledged delegates.48

44 RNC, Call of the 2024 Republican National Convention, p. 33.
45 RNC, Call of the 2024 Republican National Convention, Rule 15(g), p. 8.
46 For Democrats in 2024, see Article I.E in Democratic Party, Call for the 2024 Democratic National Convention, p. 2.
The Democratic Convention also includes delegates representing Democrats Abroad. For Republicans in 2024, see
Rule 14(a)(2) and Rule 14(a)(4) in RNC, Call of the 2024 Republican National Convention, p. 4.
47 Democratic Party, Call for the 2024 Democratic National Convention, p. 19. Additionally, Article IX.N states that
“each delegate … expressly agrees that they will not publicly support or campaign for any candidate for President or
Vice President other than the nominees of the Democratic National Convention” or a replacement nominee in the event
of a vacancy. See Democratic Party, Call for the 2024 Democratic National Convention, p. 21.
48 DNC, Delegate Selection Rules for the 2024 Democratic National Convention, p. 13.
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Republicans
• Rule 16 of the 2024 Call of the Convention governs “binding and allocation” of
delegates.49 Under Rule 16, delegates are bound to their pledged candidate as
determined in the state’s nominating event (e.g., a primary). In particular, under
Rule 16(a)(1), “[a]ny statewide presidential preference vote that permits a choice
among candidates for the Republican nomination for President of the United
States in a primary, caucus, or state convention must be used to allocate and bind
the state’s delegation to the national convention in either a proportional or
winner-take-all manner for at least one round of balloting.”50
What is the significance of the reported virtual nominating event
before the 2024 Democratic National Convention?
According to media reports, Democrats have discussed holding a virtual roll call before the start
of the party convention to officially nominate their presidential and vice-presidential candidates.51
The virtual roll call reportedly developed to remedy a conflict arising from the starting date of the
Democratic National Convention, scheduled for August 19, that falls after the deadline to certify
general-election ballots in Ohio.52 Potential conflicts with state deadlines also reportedly arose in
Alabama and Washington.53 Democrats held a similar virtual roll call in 2020.
How are the conventions financed?
Conventions are privately financed from voluntary contributions. Through the 2012 conventions,
voluntary taxpayer designations provided certain financial support to convention committees that
chose to accept public money through the Presidential Election Campaign Fund (PECF). The
PECF is funded by voluntary designations on individual income tax returns. Congress repealed
the convention-funding portion of the presidential public financing program in 2014.54 As noted
below, Congress has provided separate funding for convention security.

49 RNC, Call of the 2024 Republican National Convention, Rule 16, pp. 8-15.
50 RNC, Call of the 2024 Republican National Convention, pp. 8-9. Additionally, Rule 4(b) of the Rules of the
Republican Party permits the RNC to “declare vacant the seat of any [RNC] member who refuses to support the
Republican nominee for President of the United States or Vice President of the United States.” See RNC, The Rules of
the Republican Party, p. 2. As noted previously, RNC members serve as automatic delegates at the national convention.
51 See, for example, Seung Min Kim and Bruce Shipkowski, “Democrats Plan to Nominate Biden by Virtual Roll Call
to Meet Ohio Ballot Deadline,” Associated Press, May 28, 2024, https://apnews.com/article/ohio-ballot-biden-access-
3bf359cce8e73714be45cb99a6e31546wa; and Ken Thomas, “Democrats to Nominate Biden by Virtual Roll Call
Before Convention,” Wall Street Journal, updated May 28, 20204, https://www.wsj.com/politics/policy/democrats-to-
nominate-biden-by-virtual-roll-call-before-convention-3c01d343.
52 The details of this dispute, and of related activity in the Ohio legislature to amend the certification date, are beyond
the scope of this report. For additional discussion, see, for example, Haley BeMiller, “Ohio House Changes Ballot
Deadline for President Biden, Democrats Say it Comes With Cost,” The Columbus Dispatch, May 30, 2024.
53 See, for example, Isabella Murray and Juhi Doshi, “Washington Rule Could Leave Biden Off the November Ballot,
but State Has a Solution,” ABC News, April 12, 2024, https://abcnews.go.com/Politics/washington-latest-state-leave-
biden-off-november-ballot/story?id=109088864.
54 See P.L. 113-194 and 26 U.S.C. 9008(i). For additional discussion of campaign finance issues, see CRS Report
R41542, The State of Campaign Finance Policy: Recent Developments and Issues for Congress, by R. Sam Garrett.
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Does the federal government finance convention security?
Yes. Most notably, Congress has appropriated funding for security costs incurred by state and
local governments hosting the conventions through the Department of Justice’s Office of Justice
Programs (OJP). This OJP funding, specifically through the Edward Byrne Memorial Justice
Assistance Grant program, has been available for all major party conventions since the September
11, 2001, terrorist attacks.
Congress appropriated a total of $150 million for the 2024 presidential nominating conventions,
primarily to reimburse states and localities for law enforcement costs associated with securing the
convention sites.55
Another CRS product provides additional discussion of candidate and convention security.56
What is a contested convention?
Different sources use different terms to refer to conventions that begin without a clear front-
runner. This report uses contested convention to refer to one in which delegates require more than
one ballot to select the party’s presidential nominee because no candidate wins an initial majority.
Contested conventions are also sometimes called multiballot or open conventions. Some sources
use the contested and brokered labels interchangeably while others make historical distinctions
about which term is more appropriate for a given era.57
When were the most recent contested conventions?
Neither major party has required multiple ballots to select a presidential nominee since the 1952
Democratic National Convention and the 1948 Republican National Convention. The 1952
Democratic convention resulted in Senator Adlai Stephenson’s nomination; Republicans
nominated Governor Thomas Dewey in 1948—both after the third ballot.58 Presumptive
nominees have faced challenges since that time, including questions about whether a convention

55 The $150 million came in two different amounts: $125 million from Byrne Grant funding and $25 million from
unexpended balances in the PECF. See Title II in P.L. 118-42, Division C, Title II; and U.S. Congress, House
Appropriations Committee, Consolidated Appropriations Act, 2024, committee print on H.R. 4366/P.L. 118-42,
Legislative Text and Explanatory Statement, 118th Cong., 2nd sess., Book 1 of 2, Divisions A-F,
https://www.congress.gov/118/cprt/HPRT55007/CPRT-118HPRT55007.pdf, p. 435.
56 CRS In Focus IF11555, Presidential Candidate and Nominating Convention Security, by Shawn Reese.
57 For brief historical overviews and examples of uses of different terminology and convention descriptions, see, for
example, Drew DeSilver, “Contested Presidential Conventions and Why Parties Try to Avoid Them,” Pew Research
Center, February 4, 2016, https://www.pewresearch.org/short-reads/2016/02/04/contested-presidential-conventions-
and-why-parties-try-to-avoid-them/; and Maria Cramer, “A Brokered Convention? Here’s What’s Happened Before,”
The New York Times, updated March 3, 2020, https://www.nytimes.com/2020/02/27/us/politics/brokered-democratic-
convention.html. On historical nominating processes in the American South, see, for example, V.O. Key, Jr., with the
assistance of Alexander Heard, Southern Politics in State and Nation: A New Edition (Knoxville, TN: University of
Tennessee Press, 1984), pp. 406-442.
58 See, respectively, Democratic National Committee, Official Report of the Proceedings of the Democratic National
Convention (Washington, DC: Democratic National Committee, 1952), p. 539; and Republican National Committee,
Official Report of the Proceedings of the Twenty-Fourth Republican National Convention (Washington, DC:
Republican National Committee, 1948), p. 278. See also, for example, Drew DeSilver, “Contested Presidential
Conventions and Why Parties Try to Avoid Them,” Pew Research Center, February 4, 2016,
https://www.pewresearch.org/short-reads/2016/02/04/contested-presidential-conventions-and-why-parties-try-to-avoid-
them/.
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would require multiple ballots. None resulted in a contested convention that required multiple
ballots.59
What if a nominee vacancy arises after the convention concludes?
Party rules allow for the DNC and the RNC to select a nominee if a vacancy arises after the
convention, or for the RNC to reconvene a convention. Such a situation also could involve
interpretation of party rules and parliamentary questions that are beyond the scope of this report
and that would have to be addressed by party leadership.
Democrats
• Under Article IX.G of the Call of the Convention, “[i]n the event of death,
resignation or disability” of a presidential or vice-presidential nominee after the
convention, “the National Chairperson of the [DNC] shall confer with the
Democratic leadership of the United States Congress and the Democratic
Governors Association and shall report to the [DNC], which is authorized to fill
the vacancy or vacancies.”60
Republicans
• Under the Rules of the Republican Party, Rule 9 authorizes the RNC to “fill any
and all vacancies which may occur by reason of death, declination, or otherwise
of the Republican candidate for President of the United States or the Republican
candidate for Vice President of the United States, as nominated by the
convention.”61
• Under Rule 9, RNC members representing their states would have the same
number of votes as the state delegation at the national convention. The rule also
permits division of votes if a state’s RNC members disagree about which
candidates to support.62 A candidate must receive a majority of votes to be
selected as the new nominee.63
• The rule also permits the RNC to instead “reconvene the national convention for
the purpose of filling any such vacancies.”64
Other Potential Considerations Applying to Both Parties
Although party rules govern the selection of a new nominee, they do not address factors such as
establishing a viable campaign organization, fundraising, and state-level ballot access

59 See, for example, Jon Ward, Camelot’s End: Kennedy vs. Carter and the Fight that Broke the Democratic Party
(New York: Twelve, 2019), pp. 253-273; and see Adam Wren, “‘It Was Riotous’: An Oral History of the GOP’s Last
Open Convention,” Politico Magazine, April 2016, https://www.politico.com/magazine/story/2016/04/1976-
convention-oral-history-213793/.
60 See Art. IX.G in Democratic Party, Call for the 2024 Democratic National Convention, p. 20.
61 RNC, The Rules of the Republican Party, Rule 9(a), pp. 8-9.
62 RNC, The Rules of the Republican Party, Rule 9(b)-9(c), p. 9.
63 RNC, The Rules of the Republican Party, Rule 9(d), p. 9.
64 RNC, The Rules of the Republican Party, Rule 9(a), pp. 8-9.
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requirements. Those topics are beyond the scope of this report, but could be important practical
considerations if unexpectedly selecting a nominee late in the campaign season.65

Author Information

R. Sam Garrett

Specialist in American National Government

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

65 For discussion of various hypothetical scenarios and timelines, see, for example, Oren Oppenheim, Isabella Murray,
and Geoffrey Skelley, “What if Biden or Trump Suddenly Leaves the 2024 Race?,” ABC News, January 8, 2024,
https://abcnews.go.com/538/biden-trump-suddenly-leaves-2024-race/story?id=106136493; and Philip Bump, “What if
November’s Likely Biden-Trump Rematch Suddenly Isn’t?,” The Washington Post, February 9, 2024,
https://www.washingtonpost.com/politics/2024/02/09/what-if-this-novembers-likely-biden-trump-rematch-suddenly-
isnt/.
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